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IN THE HIGH COURT OF ALLAHABAD
Arun Kumar Singh Deshwal
Sachin – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Arun Kumar Singh Deshwal, J.
1. Heard Sri Balram Singh, learned counsel for the applicant and Sri Pankaj Saxena, learned AGA for the State.
2. The present application has been filed to direct the learned Chief Judicial Magistrate (J.D.) FTC/Judicial Magistrate, Rampur to conclude the trial of Case No. 50 of 2019 ( Sachin Vs. Inder Singh ), u/s 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act, 1881'), Police Station-Tanda, District-Rampur, within a stipulated period.
3. Though, this Court had disposed of the prayer regarding expeditious disposal of the complaint in question vide order dated 27.11.2024, still this case was kept pending for the reason that this court came across many cases, including the present one, wherein despite the issuance of summons, bailable warrant, non-bailable warrant and other process against the accused, the presence of the accused could not be ensured for the reason that processes were not executed by the police, despite repeated letters of the concerned Magistrate to the SHO as well as Superintendent of Police. Therefore, this court vide order dated 12.11.2024 directed the Director General of Police, U.P., to appea
Court mandates efficient execution of judicial processes under the Negotiable Instruments Act, emphasizing police responsibility and procedural compliance for expeditious trials.
The court emphasized the necessity of effective implementation of judicial technology and timely execution of court processes to enhance efficiency in the judicial system.
Police must strictly follow procedural requirements before arresting individuals, ensuring the protection of their constitutional rights against unlawful detention.
The court established that a magistrate must provide an opportunity for the accused to be heard before taking cognizance of criminal complaints, ensuring adherence to procedural justice under Section....
Grant of bail for non-compliance of mandate of Sections 41 and 41-A of Cr.P.C., 1973. – Directions contained in Paras 100.2, 100.4, 100.7 of Satender Kumar Antil v. Central Bureau of Investigation, (....
Issuance of summons in criminal cases must reflect a Magistrate's application of mind to the complaint’s allegations and the supporting evidence, ensuring valid grounds for proceeding under section 1....
Prosecution under Section 44 of the District Police Act requires wilful or deliberate violation of duty, misinterpretation of law by the magistrate
Point of Law : Criminal breach of trust - Conduct of the judicial officers concerned in passing orders on printed proforma by filling up the blanks without application of judicial mind is objectionab....
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